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HomeMy WebLinkAboutMinutes - City Council - 04/16/2012CITY COUNCIL 16 APRIL 2012 The South Burlington City Council held a regular meeting on Monday, 16 April 2012, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: R. Greco, Chair; S. Dooley, P. Engels, H. Riehle Also Present: R. Rusten, Deputy City Manager; J. Rabidoux, Public Works Director; C. LaRose, City Planner; R. Fletcher, City Attorney; C. Gonyeau, H. Bonscher, L. Glenn-Davitian, G. Santee, A. Rowe, C. Richardson, D. Simindinger, G. Edwards 1. Executive Session: Ms. Riehle moved the Board meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Riehle moved the Board exit executive session. Mr. Engels seconded. Motion passed unanimously. 1. Agenda Review: No changes were made to the Agenda. 2. Comments & Questions from the Audience, not related to Agenda Items: Ms. Gonyau: a Holmes Road resident asked for a discussion of the railroad crossing issues at the next meeting. She said she wanted information on new costs to the city (insurance, upgrading, etc.). Ms. Bonscher: a Dorset Heights resident said she submitted plans for an addition to her home and asked that it be on an agenda soon. Everybody is standing by for this. Mr. Engels asked that the City Manager prepare information on railroad crossing for public presentation. 3. Announcements & City Manager's Report: Mr. Rusten announced that the city has been awarded a proclamation of thank you from the Hattie Harris Foundation. Ms. Dooley noted that that F-35 environmental impact statement (EIS) was received on April 13th. Ms. Greco said there will be a brief discussion of this under Other Business. The public hearing on the EIS conflicts with a City Council meeting. Ms. Greco also noted that she will be meeting with Airport people tomorrow and that Peter Plumeau, the city's representative on the Airport Commission would like to speak to the City Council about Airport issues. 4. Consent Agenda: A. Approve Minutes of 26 March and 2 April 2012 B. Sign Disbursements C. Financial Statements D. Consider Approval of Entertainment permits: ALS Association - 23 September 2012 Lund Mother's Day Ride - 13 May 2012 Members agreed to remove the Minutes from the consent agenda. Ms. Dooley moved to approve the Consent Agenda without the Minutes. Ms. Riehle seconded. Motion passed unanimously. 5. Public Hearing on Amendments to the Land Development Regulations Amendment: Ms. Riehle moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Ms. LaRose explained the difference between "permitted" and "conditional" use. No other issues were raised. Ms. Dooley moved to close the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Engels moved to approve the Amendments to the Land Development Regulations Amendment as presented. Ms. Dooley seconded. Motion passed unanimously. 6. Update from Channel 17: Ms. Davitian noted that negotiations with Comcast Cable are complete, and there is a contract through 2016. She also noted that Channel 17 is a trust that is managed by the Trustees. Former Council member Emery has been serving as South Burlington's Trustee. The Channel is run by CCTV. The latest thing that Channel 17 is working on is live streaming of special events. She asked the city to let them know if there is such an event. There is no extra charge for this service. Ms. Dooley said she would like to see the Planning Commission meetings televised. Ms. Greco agreed. Ms. Davitian said she would look at that and report back. She estimated a cost of about $600/month and suggested the city might do just one Planning Commission meeting a month. Mr. Rusten advised that there is no money in the budget for this. Ms. Davitian also said she would provide the city with viewership numbers. 8. Consider Appointment to the Aviation Technology Advisory Group: Mr. Rusten noted this appointment is in conjunction with aviation technology training programs at the Airport. CEDO felt it would be best to put together a group to advise them. The group would probably meet 4 or 5 times. Mr. Rusten noted some city staff is interested in this. Members were OK with city staff filling the position. Mr. Rusten said Mr. Miller will make the appointment. 9. Liquor Control Board: Ms. Riehle moved the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Ms. Greco advised she would recuse herself from consideration of the Klinger's renewal due to a potential conflict of interest. Mr. Rusten presented the following annual liquor license renewals: He indicated that all had been reviewed by Fire and Police. Ms. Dooley moved to approve all except Klinger's Bread. Ms. Riehle seconded. passed unanimously. Ms. Greco asked under what conditions would the Council deny a license. Mr. Rusten said the city is allowed to set reasonable criteria. Mr. Engels then moved to approve the annual liquor permit for Klinger's Bread. Ms. Dooley seconded. Motion passed 3-0 with Ms. Greco recusing herself from the vote. 10. Other Business: A. Minutes of 26 March and 2 April: It was noted that on p. 1 of the Minutes of 26 March, the question is whether the railroad or state owns the land and can grant easements. It was agreed to strike the sentence: "The city would like this to be rectified." On p. 4 of the Minutes of 26 March, in paragraph 3 of item #6, it is the Environmental Court, not Board. In the Minutes of 2 April, Ms. Dooley noted that on p. 2, last sentence, this was "tried in her neighborhood." Ms. Dooley also noted that on -. 7, item #10, Jim Barlow of VLCT had said that "daisy chain" e-mails do not constitute a public meeting. She also noted that the City Attorney had said it was OK to contact the City Attorney directly. Ms. Riehle then moved to approve the Minutes of 26 March and 2 April as amended. Ms. Dooley seconded. Motion passed unanimously. B. F-35 Environmental Impact Study: The public hearing on the EIS will be held on 14 May, 6 p.m., at the High School. This conflicts with a City Council meeting, and the Council was to meet as a deliberative body at that meeting. Members agreed to change the Council meeting to 4 p.m. Mr. Rusten will check with the applicants to see if this is OK with them. C. Discussion with Library Board of Trustees: Members agreed to meet with the Library Board of Trustees to discuss legal ramifications of managing the Library. They agreed to a proposed meeting for 23 April 5 p.m. D. Railroad Issue: It was agreed to put this on a future agenda. 7. South Burlington STP 5200(18)-US2 Widening/Sheraton 3rd Lane Project Necessity hearing: Ms. Riehle moved to appoint Bob Fletcher as hearing officer. Mr. Engels seconded. Motion passed unanimously. Mr. Fletcher said he will assist the City Council in whatever way needed to facilitate the process. He indicated that this hearing is to get an overview of the project. The Council must view the site (there will be a recess to allow for this visit) and then reconvene and take testimony. Mr. Rabidoux advised that a Notice of Hearing was sent to various interested land owners. He read the Notice of Hearing. He then introduced representatives of Stantek Consulting and Lamoureau & Dickenson who were duly sworn in to present testimony. Mr. Fletcher said this will be an evidentiary hearing regarding the necessity of acquiring certain properties. The City Council will have a 60-day window in which to issue a decision following this hearing. Mr. Rabidoux then provided a history and overview of the project. He noted that the third lane eastbound on Williston Rd. disappears at Staples Plaza and that the logical thing is to continue it. During the scoping study, the entire area was studied, and it was found that there is enough land to provide that lane. The land for the project will not be coming from Staples Plaza but from the Sheraton and UVM properties. Eventually, the City Council will be asked to decide whether those property rights are necessary to construct the project. Mr. Rabidoux then outlined the temporary takings on the south side of Williston Road to allow for construction. These include land from Timberlake, Maplefields, Staples Plaza, UVM, and the Sheraton. Permanent takings include permanent rights at Staples Plaza for a traffic signal mast arm, 2 street lights, and a traffic signal box; a 16-foot taking at the Sheraton, the CCTA bus pad and utility easements. There will also be a minor realignment of the I-89 off-ramp at the Sheraton. There is no proposed reconfiguration of Staples property. The project is funded by a $7,000,000 earmark for three projects. One project is completed. The third project is an intercept facility behind the Sheraton (there will be a meeting on this facility Thursday, at 7 p.m.). The meeting was then suspended to allow City Council members to view the project site. The meeting resumed at 8:10 p.m. with a presentation from Stantek consultants. Mr. Edwards indicated he had been the Project Manager for the Scoping Study. He said they looked at existing conditions and issues. What was identified was: 1. a need for improved safety for vehicles, pedestrians, transit, and cyclists; 2. improved access to I-89 ramps 3. A need to reduce traffic delays & queues at the East Avenue Intersection 4. A need to reduce the potential for crashes (mainly eastbound) caused by turning vehicles, etc., Most of these are due to the ending of the rightmost lane at Staples Plaza. 5. A need to provide adequate bicycle facilities 6. A need to improve pedestrian safety for crossing U.S. 2 7. A need to contribute to transit service outlined in a previous U.S. 2 study. The Scoping Study also looked at alternatives: widening either the north or south side of U.S. 2. On 15 December 2008, alternatives were presented to the City Council, and the Council endorsed "alternative B." This reduced the cost, impacts, and timeline. Mr. Santee, Project Manager, then provided details of the project. He showed a typical section existing today, both east and west bound. The proposed project will create a "mirror image" on both sides of U.S. 2 with an extreme right lane eastbound ending at the U.S. 89 on-ramp. U.S. 2 will be widened by 16 feet. Signal poles will be moved, and overhead sign structures will be replaced. This project is being combined with a U.S. 2 re-paving project, which will save about $200,000. Mr. Santee then reviewed the rights that need to be acquired as follows: 1. From UVM: acquisition of widening area (to be paid for), overhead sign structure, storm water system (pipe to carry water through a swale), and temporary construction easements so the contractor can work in the area. 2. From Timberlake Farms: The road will be moving away from the parcel, thus providing more green space. Temporary acquisitions include: construction easement (2-3 feet of sidewalk), slope construction, removal of street lights, connections to driveways, replacement of sign structure. 3. From Maplefields: (road moving away from there) temporary rights for slope construction, construction easement, drive access. 4. From 89-2 Realty Co. (Staples Plaza): no taking of land; temporary rights for construction easement, replace signal poles, street lighting, minor slope construction. 5. Sheraton: Permanent grading of swale: temporary replacing of utility pole, construction easement, landscape construction; permanent traffic signal poles, bus shelter, parking (they will lose 3 spaces which will be replaced to the east), retaining wall (will be moved back), street lights, utility structure. There will be a 5-foot bike lane in each direction. Travel lanes will be reduced from 12 feet in width to 11 feet. Mr. Fletcher asked if there is a document or set of documents showing all the easements. Mr. Rabidoux indicated this in the packet of information given to the Council. He noted that the project will allow for a significant increase in traffic in the peak hour. Mr. Fletcher asked if there is any level of service information. Mr. Rabidoux said he was sure this was done. Mr. Rabidoux noted the project does not go straight on the south side of the road because of utilities, etc., which would have been much more expensive to relocate. They also had a willing donor in the Sheraton. Ms. Dooley added that the owner of Staples Plaza said they would litigate if the city tried to take any of their land. Public input was then solicited. Mr. Simindinger, owner of the Timberlake property, applauded the thought for making the improvements. He also outlined his concerns. He noted that the current lane serves for cuing in and out of businesses. He felt it was inevitable that roads will widen and felt the city should have taken on the battle with Staples to make it more safe. Staples would have lost only about 20 parking spaces. Mr. Simindinger commented that people leave cars there for 3 or 4 days at a time. He also asked if their setbacks will be changed and if the added land will be deeded to them. He was concerned with lighting at the entrance to their property and asked for a brighter light. He was also concerned with the median. He noted they had to build the median to forestall turning traffic. When the Mobile Station rebuilt, they didn't have to have a median, and cars turn in their illegally all the time. He asked that the existing median be removed. Ms. Greco asked if there is any danger of Timberlake going out of business because of this project. Mr. Simindinger said there is not. Mr. Rabidoux said no land will be added back; neither Timberlake nor the city will gain from it. Ms. Riehle said she was curious about the reason for the median. Mr. Rabidoux said they are trying to replicate what is there now. Ms. Dooley said the median was required by the DRB. She added that it appears the new configuration would make it much more difficult to make left turns into the businesses on the south side of U.S. 2. Ms. Riehle asked if the light being removed from the Timberlake property will be replaced. Mr. Rabidoux said it will be replaced off their property. Mr. Rabidoux noted that the total value of the project is $3,300,000-$3,400,000. The city is responsible for 5% local share. Money for this has been identified in the budget. Ms. Greco asked how long the project will take. Mr. Rabidoux said it is a 2-season project. Mr. Santee added they want to award the contract in late July. Curb to curb work would be finished in November and they would come back next spring with finishing up. Ms. Greco asked about lane closings. Mr. Rabidoux said there would be "lane shifts." They are also anticipating some night work. Mr. Fletcher said the Council will deliberate and issue a decision within 90 days. Ms. Dooley moved to close the hearing. Mr. Engels seconded. Motion passed unanimously. The hearing was closed at 9:02 p.m. As there was no further business to come before the Council, the meeting was adjourned at 9:05 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY COUNCIL 16 APRIL 2012 PAGE 3 The latest thing that Channel 17 is working on is live streaming of special events. She asked the city to let them lmow if there is such an event. There is no extra charge for this . servIce. Ms. Dooley said she would like to see the Planning Commission meetings televised. Ms Greco agreed. Ms. Davitian said she would look at that and report back. She estimated a cost of about $600/month and suggested the city might do just one Planning Commission meeting a month. Mr. Rusten advised that there is no money in the budget for this. Ms. Davitian also said she would provide the city with viewership numbers. 8. Consider Appointment to the Aviation Technology Advisory Group: Mr. Rusten noted this appointment is in conjunction with aviation technology training programs at the Airport. CEDO felt it would be best to put together a group to advise them. The group would probably meet 4 or 5 times. Mr. Rusten noted some city staff is interested in this. Members were OK with city staff filling the position. Mr. Rusten said Mr. Miller will make the appointment. 9. Liquor Control Board: Ms. Riehle moved the Council adjourn and reconvene as Liquor Control Board. Mr. Engels seconded. Motion passed unanimously. Ms. Greco advised she would recuse herself from consideration ofthe K.linger's renewal due to a potential conflict of interest. Mr. Rusten presented the following annual liquor license renewals: Bourne's Service Center Jolley #146 Jolley #147 Koto Restaurant Klinger Bread Champlain Farms Wood Spoon Bistro Moose Lodge #1618 Pulcinella's Simon's Store & Deli Pizza Putt Shaw's Supermarket Shelburne Road Variety Hannaford Food & Drug Pauline's Restaurant Jiffy Mart He indicated that all had been reviewed by Fire and Police. Ms. Dooley moved to approve all except Klinger's Bread. Ms. Riehle seconded.